Summary
In Morse, our Supreme Court remanded a case back to the trial court in order to remove a $300 fine from the judgment of sentence because the "fine was clearly not a part of the sentencing agreement, and the defendant was not offered the opportunity to withdraw his plea after the fine was imposed as part of the sentence."
Summary of this case from People v. NasemanOpinion
No. 135413.
February 19, 2008.
Court of Appeals No. 280205.
Summary Dispositions February 19, 2008.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we remand this case to the Montcalm Circuit Court for the trial court to correct the judgment of sentence by deleting the $300 fine. The fine was clearly not a part of the sentencing agreement, and the defendant was not offered the opportunity to withdraw his plea after the fine was imposed as part of the sentence. In all other respects, leave to appeal is denied, because we are not persuaded that the remaining question presented should be reviewed by this Court.